Tuesday, May 25, 2010

If someone is in critical condition at a hospitol, and can't talk, how do I become his next of kin to help?

This guy named kenny as been in our family unoffically adopted for the past 15 years. He really has no family but us. I guess he never really thought of the future, because he never tied us to him legally for emergency reasons. My grandmother is dieing of cancer, so all her children, including kenny, came to visit her. While kenny was here, he was on the roof cleaning her gutters, but he was drinking...and he fell off the roof onto concrete, was airlifted to a hosp and is bleeding in his brain in 4 spots, critical condition, bad bad situation. The doctors wont let us know whats going on with him because we are not next of kin, and we cant find ANYONE who is. His mother is alcoholic and is not involved in his life..is there anything our family can do for him? Any temporty next of kin paper we can get or anything so we can help him and support him? The doctors won't even tell us whats wrong with him..What can someone do in a situation like this?
Answer:
HIPPA at the hospital listed someone as next of kin/contact. There is no way to bypass that without a court action; see who is listed and contact them.
you dont have to talk. just be there and hold his hand and feel him and let him feel you.
That's really too bad. You should probably talk to a lawyer about it. There are legal hurdles to jump I imagine.
You need to call a LAWYER now. Anyone can be his "health care surrogate" and that's what you need to be! Call a lawyer, the might even meet you at the hospital to do the paperwork.
Hi - That is a tough one. I am an RN in a hospital and HIPAA has made it very tough, if not impossible to get around this. Unless he designated someone to have power of attorney in the event of such circumstances (which most people don't think of doing), there is really nothing that you will be able to do. You could talk to an attorney but I doubt it will get you anywhere and attorney fees are not cheap. Sorry...best of luck.

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